The above presentation is a step to simplify the concept of Trademark in India.It also focuses on the process of registration under the Trademarks Act 1999.
The presentation simplifies the steps involved and makes it easier to understand the same.
Note:-The following presentation is a general writing containing contents derived from basic knowledge and relevant books and articles.Also it is the original work of the writer.
Copyright registration process: There are few easy steps which will help you for the registration of copyright. Follow this steps for whole procedure for registration of copyright.
The above presentation is a step to simplify the concept of Trademark in India.It also focuses on the process of registration under the Trademarks Act 1999.
The presentation simplifies the steps involved and makes it easier to understand the same.
Note:-The following presentation is a general writing containing contents derived from basic knowledge and relevant books and articles.Also it is the original work of the writer.
Copyright registration process: There are few easy steps which will help you for the registration of copyright. Follow this steps for whole procedure for registration of copyright.
A copyright is a legal right given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematography films and sound recordings. Business entities often copyright instruction manuals, product literature and user guides. Copyright is usually owned by the maker of the work, but may also be owned by the employer of its creator or the person who has authorized the work (unless there is an agreement to the contrary in either case).
Copyright infringement is the use of works protected by copyright law without permission, infringing certain exclusive rights granted to the copyright holder, such as the right to reproduce, distribute, display or perform the protected work, or to make derivative works.
This presentation contains the good information regarding the copyright law, also includes the information regarding Indian Copyright Law, 1957; Rights of the author, Copyright infringement and its remedies etc.,. This presentation can be used for the educational/academic purpose only. And the original credits goes to the primary authors and also I acknowledge the authors and the articles which I used to make this presentation.
A trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others
The trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the product itself. For the sake of corporate identity, trademarks are often displayed on company buildings.
Intellectual Property Rights In India: Patents Trademarks And Copyrights JRA & Associates
Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.
IP is protected in law by, for example, patents, copyright and trademarks, which enable people to earn recognition or financial benefit from what they invent or create. By striking the right balance between the interests of innovators and the wider public interest, the IP system aims to foster an environment in which creativity and innovation can flourish.
Let us try and understand the basics of these intellectual property rights, how they can be applied for in India and understand how and why they are litigated so fiercely.
A copyright is a legal right given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematography films and sound recordings. Business entities often copyright instruction manuals, product literature and user guides. Copyright is usually owned by the maker of the work, but may also be owned by the employer of its creator or the person who has authorized the work (unless there is an agreement to the contrary in either case).
Copyright infringement is the use of works protected by copyright law without permission, infringing certain exclusive rights granted to the copyright holder, such as the right to reproduce, distribute, display or perform the protected work, or to make derivative works.
This presentation contains the good information regarding the copyright law, also includes the information regarding Indian Copyright Law, 1957; Rights of the author, Copyright infringement and its remedies etc.,. This presentation can be used for the educational/academic purpose only. And the original credits goes to the primary authors and also I acknowledge the authors and the articles which I used to make this presentation.
A trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others
The trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the product itself. For the sake of corporate identity, trademarks are often displayed on company buildings.
Intellectual Property Rights In India: Patents Trademarks And Copyrights JRA & Associates
Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.
IP is protected in law by, for example, patents, copyright and trademarks, which enable people to earn recognition or financial benefit from what they invent or create. By striking the right balance between the interests of innovators and the wider public interest, the IP system aims to foster an environment in which creativity and innovation can flourish.
Let us try and understand the basics of these intellectual property rights, how they can be applied for in India and understand how and why they are litigated so fiercely.
This presentation provides information on intellectual property rights (IPR) and its other constituents such as copy rights, patents, trade marks, geographical indicators etc.
2. CONTENTS
• Introduction to Intellectual Property
• What are Intellectual Property Rights?
• Patents
• Trademarks
• Industrial Designs
• Copyright and Related Laws
• Case Studies
• Facts
• Conclusion
3. Introduction to Intellectual Property
• Intellectual Property refers to creation of mind i.e. inventions,
industrial designs for article, literary & artistic work, symbols etc. used
in commerce.
• Two categories: Industrial property & Copyright.
• Industrial property: Trademarks, Patents etc.
• Copyright covers Artistic works, Literary works etc..
4. What Are Intellectual Property Rights ?
• Rights which can be used for protecting different aspects of an
inventive work for multiple protection.
• Outlined in Article 27 of the Universal Declaration of Human
Rights.
• IPR are largely territorial rights except copyright, which is global
in nature.
• IPR can be assigned, gifted, sold and licensed like any other
property.
5. Continued…….
• Intellectual property rights as a collective term includes the
following independent IP rights:
• Patents
• Copyrights
• Trademarks
• Registered ( industrial) design
• Geographical indications, and
• Protection of undisclosed information
6. Patents
• An exclusive right granted by a country to the owner of an
invention to make, use, manufacture and market the invention
• The patent right is territorial in nature.
• Patents provide incentives to individuals by recognizing their
creativity & these incentives encourage innovation.
• India is a member-state of Word Intellectual Property
Organisation (WIPO), Paris Convention, Patent Cooperation
Treaty and Budapest Treaty.
7. Patents In India
• The Patents Act, 1970 (No. 39 of 1970) as amended by the
Patents (Amendment) Act, 2005.
• Patent Offices, under the Department of Industrial Policy &
Promotion, Ministry of Commerce & Industry.
• Patent Offices are located at Kolkata, Mumbai, Chennai and
Delhi to deal with the applications for patents.
• Patent Information System (PIS) & Intellectual Property Training
Institute (IPTI) located at Nagpur.
8. Trademarks
• A distinctive sign that provides to the owner of the mark by
ensuring the exclusive right to use it to identify goods or
services.
• Well-known, Associated trademarks, Service marks,
Certification Trademarks, Collective Marks.
• Term of Registered Trademark: 10 years and Renewable.
• To register a trademark: appropriate national or regional
trademark office. WIPO administers an international registration
system for trademarks.
9. Industrial Designs
• The ornamental or aesthetic aspects of an article which may
consist of 3D or 2D features, such as shape or surface,
patterns, lines or color.
• It makes an article attractive and appealing; hence, they add to
the commercial value of a product and increase its marketability.
• Any technical features of the article not protected by it.
10. Continued…..
• Applicants can file a single international application either with
WIPO or the national or regional office of a country party to the
treaty.
• The design should be new or original, not previously published
or used in any country before Registration.
• Total term of a registered design is 10 years + 5 years Extended
Period.
11. Geographical Indication
• A sign used on goods that have a specific geographical origin
and possess qualities or a reputation due to that place of origin.
• Registration of a GI: 10 years & renewable.
• The Geographical Indication of Goods (Registration and
Protection) Act came into being in 2000.
• Imprisonment for a term between 6 months to 3 years and a fine
between 50000 rupees to 2 lakh rupees in Act.
12. Law Applicable In India
• Geographical Indication of Goods (Registration and Protection) Act 1999.
13. Copyrights
• Copyright is a legal concept, enacted by most governments,
that grants the creator of an original work exclusive rights to its
use and distribution.
• A right, which is available for creating an original literary or
dramatic or musical or artistic work.
• In India, The Copyright Act, 1957 as amended in 1983, 1984,
1992, 1994 and 1999 is available.
• Registration can be done at the Office of the Registrar of
Copyrights in New Delhi.
• Protection for the expression of an idea and not for the idea
itself.
14. Continued…..
• The owner may assign to any person the copyright.
• Giving owner, incentives in the form of recognition and fair
economic reward increases their activity.
• The work is open for public inspection once the copyright is
registered.
• A provision of ‘fair use’ in the law, which allows copyrighted work
to be used for teaching and research and development.
15. Case Studies
• Bangalore Aug 10, 2003: Banashankari police arrested three
software engineers for illegally copying software from a
company they were working for.
• Chennai, February 2000: Pirated software worth Rs.1.11 crore
(US$ 253,200) was seized by the Chennai police A total of 6
employees were arrested which included the Managing Director
of one outlet and proprietors of each of the outlets.
16. Facts
• In India, small and medium scale Industries are the ones who come
out with maximum(90%) innovations.
• B.E students who do projects in their respective discipline, can register
their projects under IPR if its really innovative.
• As soon as the duration of the protection through IPR is over, it
becomes a public domain.
• Many companies use this IPR as a weapon to compete with the other
players in the market.
17. Facts Continued…
• IPR is given to a product, only when its used for commercial purpose.
• These are some of the companies with their patents :-
• COMPANY NO. OF PATENTS
• Toyota - 99,999+
• GM - 11,000
• Honda - 97,000+
• Renault - 23,000+
• Daimler Benz - 7,000+
• Land Rover - 2,100+
• Volkswagen AG - 16,000+
• Porsche AG - 12,000+
• General Electric/GE - 25,553
• SONY - 20,873
• Ford/Ford Global - 8,888
• IBM - 99,999+
18. CONCLUSION
• Intellectual property rights reward creativity and human
endeavor, which fuel the progress of humankind.
• Understanding the country’s IP Rights and following the best
practices can drastically reduce the risk of losing the company’s
intellectual property.
• Indian government has initiated various steps towards
Intellectual Properties Rights Protection.